CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Conduct the first reading of alternative ordinances amending the Naperville Municipal Code regulation of conflicts of interest
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DEPARTMENT: Legal Department
SUBMITTED BY: Michael DiSanto, City Attorney
BOARD/COMMISSION REVIEW:
N/A
BACKGROUND:
At its September 1, 2020 meeting under New Business, the City Council directed staff to prepare a text amendment to the Conflict of Interest section of the Municipal Code. The amendment would require the Mayor and councilmembers to recuse themselves on any matter if an interested party had donated more than $500 to said councilmember's most recent campaign for local office. This change would begin with the consolidated general election on April 6, 2021.
Summary of Existing Conflict of Interest Regulations for Local Public Officials
Generally, conflicts of interest are regulated by (1) state law (Illinois Compiled Statutes); (2) local law (Naperville Municipal Code); and (3) common law. Below is a general description of applicable conflict of interest regulations from each of those areas of law.
1. State Law (Illinois Compiled Statutes)
a. Prohibited Interest in Contracts Act, 50 ILCS 105/3 ("PICA")
PICA prohibits elected public officials from having an interest in contracts (with exceptions for relatively insignificant interests). It generally prohibits elected officials from being financially interested in a contract entered by the municipality and violations of PICA carry criminal penalties. It states, in part:
i. "No person holding any office, either by election or appointment under the laws or Constitution of this State, may be in any manner financially interested directly in his own name or indirectly in the name of any other person, association, trust, or corporation, in any contract or the performance of any work in the making or letting of which such officer may be called upon to act or vote."
ii. "No such officer may represent, either as agent or othe...
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